Mollie Clark

Harper Grey LLP

Legal Influencer

Q1 l 2020

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  • Q1 l 2020 in Future of legal services - Canada


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Reasons are all around - a reviewing court should make a determination regarding adequacy of reasons in the specific context of each case, including information conveyed by way of the order, submissions, as well as comments made during the hearing

Canada - October 20 2020 Where an appeal committee’s order was recorded on a standard form, the reviewing court looked to other sources of information as context to be…

Costs: clear cases only - an award of costs is in the discretion of the judge or the administrative tribunal that makes the award, and appellate courts will only interfere if there has been an error of principle, or the award of costs is plainly wrong

Canada - October 20 2020 On an application for judicial review of a decision on costs made by an appeal tribunal, the reviewing court noted costs awards should only be…

That was yesterday, and yesterday’s gone - the Vavilov decision does not invite us to return to an era where “patent unreasonableness” is given a meaning beyond “reasonableness”

Canada - August 18 2020 Ontario Superior Court upholds Ontario Human Rights Tribunal application of reasonableness standard to discrimination complaints. Reintroducing a…

An application for anonymity may be unsuccessful in light of behaviour inconsistent with a desire for anonymity: both the litigious conduct of a petitioner, and a delay in time in applying for anonymity and sealing of court files after commencing complaints may undermine a petitioner’s assertion of a concern for privacy

Canada - May 19 2020 An application for anonymity in B.C. Human Rights Tribunal proceedings requires weighing individual privacy interests against the public…

Employers only have to try so hard: terminating employment after an employee fails to engage in the accommodation process and fails to respond to related correspondence is not retaliation

Canada - May 19 2020 Where an employer can establish it has accommodated an employee to the point of undue hardship, and the employee chose to withdraw from the…